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HomeMy WebLinkAbout2002-06-18 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JUNE 18,2002 The regular meeting. of:theCity Council of the City of Apache Junction, Arizona,was held on June 18:2002,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Vice Mayor Surra called the meeting to order at 7:00 p.m. INVOCATION Councilmember Milkey gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Dietz led the Pledge of Allegiance._ ROLL CALL Councilmembers Present:Vice Mayor Surra Councilmember Dietz Councilmember Durbala Councilmember Eck Councilmember Milkey Councilmember Urich Staff Present: (Mayor Coleman was absent) Interim City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Public Works Director Doug Dobson Interim Development Svcs.Dir.Rudy Esquivias Community Relations Mgr.Patrick Brenner REGULAR MEETING OF THE CITY COUNCIL JUNE 18,2002 PAGE 1 OF 14 Others Present:Assistant to the City Manager Bryant Powell City Magistrate David Alexander Police Senior Commander Dan Scott Management Assistant Shari Watson ACCEPTANCE OF CONSENT AGENDA )Councilmember Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEE:CITY CLERK KATHLEEN CONNELLY FOR HER PARTICIPATION IN THE MAIN STREET RETREAT:AND THAT APPROVAL BE GIVEN TO USE THE ARIZONA DEPARTMENT OF TRANSPORTATION BID FOR THE PURCHASE OF SIGN SUBSTRATE MATERIALS (BLANKS AND SHEETS)THROUGH CONTRACTS AVAILABLE FOR USE THROUGH JANUARY 16,2003,FROM VENDORS VULCAN ALUMINUM, KORMAN SIGNS,INC.,AND INTEPLAST GROUP,LTD.,FOR A TOTAL AMOUNT NOT TO EXCEED $40,000;AND THAT APPROVAL BE GIVEN TO USE THE ARIZONA DEPARTMENT OF TRANSPORATION BID FOR THE PURCHASE OF TRAFFIC PAINT THROUGH CONTRACTS AVAILABLE THROUGH APRIL 11, 2003,FROM VENDORS PERVO,ENNIS AND TMT-PATHWAY,FOR A TOTAL AMOUNT NOT TO EXCEED $48,000;AND THAT APPROVAL BE GIVEN FOR THE CONTRACT EXTENSION WITH SUPREME OIL COMPANY FOR FISCAL YEAR 2002-2003 FOR PW 2001-14,FUEL,FROM JULY 1,2002 THROUGH JUNE 30, 2003,FOR A TOTAL AMOUNT NOT TO EXCEED $174,000;AND THAT THE AWARD OF BID FOR PRINTING AND RELATED SERVICES FOR THE CITIZEN/CITYSCAPE COMMUNITY MAGAZINE IN FY 2002-2003 BE AWARDED TO THE EAST VALLEY TRIBUNE IN AN AMOUNT NOT TO EXCEED $30,000:AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN BENNETT ASSOCIATES AND THE CITY OF APACHE JUNCTION FOR THE RECRUITMENT OF A CITY MANAGER IN AN AMOUNT NOT TO EXCEED $20,000. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JUNE 18,2002 PAGE 2 OF 14 AWARDS,PRESENTATIONS AND COMMUNICATIONS Vice Mayor Surra acknowledged Jenna Williams and Michelle Walraven from Illinois present on behalf of Councilmember Durbala. Vice Mayor Surra acknowledged Pinal County Supervisor Sandie Smith in the audience. CALL TO THE PUBLIC Mr.Elliott Fisher,547 E.Quail,Apache Junction,Greater Apache Junction Association for Effective Government,addressed the council regarding the award of bid to the Tribune for printing the Citizen/Cityscape magazine:the county denial of his recall petitions on the mayor;his concept of the ethical standards in the city;and his concerns on the deputy city magistrate issue. CITY MANAGER'S REPORT Interim City Manager George Hoffman commented the pool opened last Saturday and he encouraged members of the community to stop by and visit it.He commented the city has over 20 Crown Victoria patrol cars;they have tended to safety issues in the past by modifying them with receiver hitches and they are exploring the possibility of after -market bladder installation for the gas tank.He is inclined to put a moratorium on the purchase of future Crown Victorias until the safety issues are addressed.The first pass was made today for the final top coat on Broadway Road from Meridian to Idaho.There will be a total of five passes with each taking a day. PUBLIC HEARINGS PROPOSED ORDINANCE NO.1161,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 5 MAGISTRATE COURT,ARTICLE 5-2 PRESIDING OFFICER,SECTION 5-2-2 MAGISTRATE PRO-TEM AND ADDING A NEW SECTION 5-2-4 OFFICE OF DEPUTY CITY MAGISTRATE )Vice Mayor Surra commented there are two parts to this item.If the ordinance passes,the council will appoint individuals to the positions of deputy city magistrate.This ordinance will REGULAR MEETING OF THE CITY COUNCIL JUNE 18,2002 PAGE 3 OF 14 bring the city code into compliance with a directive recently issued by the Pinal County Presiding Judge. .Presiding City Magistrate David Alexander briefed the council on the item.He stated the Chief Justice of the Supreme Court issued a letter to the Maricopa County Superior Court Presiding Judge on June 11 addressing the issue on whether judges in justice courts and magistrate courts who are appointed by judges as judges pro -tern have to be attorneys.The state constitution indicates that is true.In the past he has appointed judges pro -tern that have not been practicing attorneys.In reaction to the Supreme Court letter,the presiding judges of Maricopa and Pinal Superior Courts fired all non -attorney judges who were pro-tems as of 5:00 p.m.on June 13.He currently only has one pro -tern judge and this action would force him to cancel some hearings on Friday,plus he would have to cancel any vacation plans that he had.The state statutes do not require that magistrates be attorneys and the City can have as many magistrates as the council desires.He is requesting council appoint some additional magistrates who will act in a temporary capacity while he is absent to fill the void. This will also give him an opportunity to acquire additional names of attorneys who seek to act as judges pro -tern.There will be two types of part- time help:deputy city magistrates and magistrates pro -tern.He would appoint the magistrates pro -tern,abiding by the directive that they all be practicing attorneys in the State of Arizona.He is requesting the council appoint Judge Collier and Judge Gillespie as deputy city magistrates.He briefed them on their history as judges.He added the ordinance must pass with a unanimous decision because of the emergency clause. Vice Mayor Surra opened the public hearing on the item. Mr.Elliott Fisher,547 E.Quail, Apache Junction,asked if the county is funding this mandate. Vice Mayor Surra commented all magistrate court costs are picked up by the city.There is already money in the budget for this. Mr.Elliott Fisher asked for an explanation for the emergency clause here. REGULAR MEETING OF THE CITY COUNCIL JUNE 18,2002 PAGE 4 OF 14 Vice Mayor Surra stated they have already had to delay some hearings because we did not have a magistrate available.This implies a safety and welfare issue,and those are considered emergencies.This way the court is covered instead of having to wait 30 days for this to take effect. City Attorney Joel Stern commented that if Judge Alexander got sick in the next 30 days,and there was no emergency clause,there would be no one to hear the cases.They would have to be postponed.Those people who do not see a judge within 24 hours of being arrested are released and criminals would be back on the street shortly after being arrested. Mr.Elliott Fisher stated he understands that but he would like to correct the vice mayor.The "welfare" of the community is not included in the emergency clause statute.I t is for peace,health and safety. considers peace and safety as welfare. included in the law. Vice Mayor Surra stated she Mr.Elliott Fisher stated i t is not Councilmember Durbala commented he believes the remainder of the council feels the same way as Vice Mayor Surra. Mr.Elliott Fisher stated the city is paying for it and they were not told what kind of cases would be involved. Welfare is not included in the law and it has been used inappropriately in the past and they continue to do it.He commented it will continue until a court tells them they cannot.He asked how much they are going to pay if they are going to pay for it. Vice Mayor Surra commented the amount is in the ordinance.They are paid $600 per year. Mr.Elliott Fisher asked if all other options had been exhausted in terms of running additional court hours to pick up the slack,or possibly have night court. REGULAR MEETING OF THE CITY COUNCIL JUNE 18,2002 PAGE 5 OF 14 Vice Mayor Surra stated they would not argue court policy. Mr.Elliott Fisher stated it is another layer of the Court and he believes it is important.It is mandated by the county and he ‘beTieves.they should be asking how they are going to pay for this.• ••.Vice Mayor Surra stated they are not and requested he sit down.Vice Mayor Surra added the emergency, is hereby declared to exist and its passage and adoption have to do with the peace and safety of this community.Her calling it the welfare of the community is a semantic issue. Pinal County Supervisor Sandie Smith,575 N.Idaho Road,Apache Junction,commented that today they appointed five additional attorneys that could act as pro-tems in the court systems. They will have another emergency meeting on Thursday to appoint more.This is not mandated by the county,but from the state supreme court.It removed anyone from being a pro -tern that did not have a law degree.She believes that,like the county,the city had already budgeted the money but was using people who were not qualified now under the new law.The money was there, they just have to pay another person.Everyone in Arizona is having to deal with the same issue. Councilmember Durbala wanted to read into the record "The immediate operation of the provision of this ordinance is necessary for the immediate preservation of the public peace,health,or safety of the City of Apache Junction,and an emergency is hereby declared to exist.Immediate passage is needed so that the deputy city magistrate can act in the absence of the presiding magistrate."It continues with the adoption and approval by the mayor and council. Vice Mayor Surra commented it is the residents'best interest to know that the council does not hire new staff or make provisions for paying out monies that we think we can get from anywhere else.It is not our philosophy.Vice Mayor Surra closed the public hearing with no one else wishing to speak.She reopened the item to council discussion.There being no further discussion,she called for a motion. REGULAR MEETING OF THE CITY COUNCIL JUNE 18,2002 PAGE 6 OF 14 Councilmember Urich MOVED THAT ORDINANCE NO.1161 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Urich MOVED THAT ORDINANCE NO.1161,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. •Vice Mayor Surra opened a discussion on the two candidates for deputy city magistrates. Councilmember Eck commented he believed they are very qualified candidates. Vice Mayor Surra commented they have already been serving in our court and they would not need to be trained.She closed the discussion and called for a motion. Councilmember Urich MOVED THAT DALE COLLIER AND M.TROY GILLESPIE BE APPOINTED AS DEPUTY CITY MAGISTRATES FOR A TERM OF TWO YEARS AND IN ACCORDANCE WITH THE PROVISIONS OF ORDINANCE NO.1161. Councilmember Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JUNE 18,2002 PAGE 7 OF 14 VOTE:Unanimous. The motion carried. OLD BUSINESS RECONSIDERATION OF APPOINTMENTS/ REAPPOINTMENTS TO PLANNING AND ZONING COMMISSION )Councilmember Durbala requested this item be tabled as the mayor had requested i t and he is not in attendance this evening. Vice Mayor Surra commented he was aware he would be absent and he did not request a change of date. City Attorney Joel Stern stated you cannot table an item where a motion for reconsideration was made.It must be voted on tonight. Vice Mayor Surra briefed the council on the item.Mayor Coleman asked for the reconsideration because of confusion on his part during the vote on the last appointments.Current board and commission members are generally reappointed if they have served faithfully as long as they want to continue to serve.One person up for reappointment was n'ot reappointed because the mayor did not believe that person was up for reappointment at that time.Due to the confusion,they have decided to honor his request for reconsideration of the appointments of this board.There will be three separate motions for the appointments/reappointments. Councilmember Eck asked who was up for reappointment. Councilmember Dietz stated it was Pat Richmond and Kenneth Mueting. Vice Mayor Surra concurred and stated there was one other vacancy on the board due to a resignation. REGULAR MEETING OF THE CITY COUNCIL •JUNE 18,2002 PAGE 8 OF 14 There was general discussion on the reappointments and the reason for the reconsideration. Councilmember Durbala MOVED THAT WE MAKE THE FOLLOWING REAPPOINTMENT TO THE PLANNING AND ZONING COMMISSION: KENNETH MUETING,FOR A TERM TO EXPIRE JUNE 30,2005. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion.carried. Councilmember Dietz MOVED THAT WE MAKE THE FOLLOWING REAPPOINTMENT TO THE PLANNING AND ZONING COMIMISSION:PAT RICHMOND,FOR A TERM TO EXPIRE JUNE 30,2005. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Durbala MOVED THAT WE MAKE THE FOLLOWING APPOINTMENT TO THE PLANNING AND ZONING COMMISSION:CONRAD PISINSKI,FOR A TERM TO EXPIRE JUNE 30,2005. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. NEW BUSINESS None. REGULAR MEETING OF THE CITY COUNCIL JUNE 18,2002 PAGE 9 OF 14 COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS PROPOSED CITY-INITATED REZONING ON WEST APACHE TRAIL )Interim Development Services Manager Rudy Esquivias briefed the council on the item.Staff is concerned about old Pinal County zoning along Apache Trail between Meridian and Delaware Drives.They are primarily zoned for warehouse and general commercial district and they allow a wide variety of uses,including less desirable ones such as RV storage lots,auto repair,and chicken -killing operations and other odd uses.They are concerned because of some of the types of inquiries they have had recently and with the way the new development is emerging along the Trail,staff determined council may want a city -initiated rezoning of the area brought before them for consideration.They do not necessarily have to remove the base zoning districts that are there,but they are suggesting a planned development overlay on some of these properties to establish a palette of uses oriented towards job -generating and income -generating establishments.New businesses that have gone into the area are Office Max,Chosa's and Wal-Mart, plus a new gas station at the corner.There are some large vacant lots in the area and staff does not know how they will be developed.The target area is 500'deep north of Apache Trail between Meridian and Delaware and the existing Safeway and K Mart shopping center.They would also suggest going south of that shopping center as there are vacant lots near 4th Avenue.Staff is asking if the council wishes them to proceed with a city -initiated rezoning and come back to them with suggested zoning districts and palettes of uses. They will notify all owners before any actions are taken and notify all owners within 300'of the proposed rezoning. Councilmember Milkey asked if this is all in the previously defined Meridian Redevelopment District. Interim Development Services Director Rudy Esquivias stated part of the area is.They have spillover all down Apache Trail. REGULAR MEETING OF THE CITY COUNCIL JUNE 18,2002 PAGE 10 OF 14 Councilmember Dietz asked if they would be eliminating chain link with barbed wire on top surrounding any industrial use properties. Interim Development Services Director Rudy Esquivias stated "it will address those types of issues.They will set minimum design standards.. Councilmember Eck asked whether the new zoning would all be CB -2 or be an overlay with a planned development. Interim Development Services Director Rudy Esquivias stated they are currently suggesting a planned development overlay on the existing zoning.They do not zone anything CB -2 anymore. Councilmember Eck stated they would not be considered their current zoning:it would be a planned development overlay. Interim Development Services Director Rudy Esquivias stated that is correct:the original zoning is in place and a palette of uses is established. Councilmember Durbala commented that currently a sexually -oriented business could go in there under the allowed uses.The city would have to be careful to deny a special use permit for any business of that type in the area.He encouraged the city to be more proactive than reactive and do something to prevent the wrong type of businesses from moving into retail areas. Vice Mayor Surra commented she believes the council does not want to see sexually -oriented businesses on our side of Meridian. Councilmember Durbala stated they can stay on the other side where they belong.He also suggested they start looking to the future if they plan to develop more of Apache Trail into commercial and retail. REGULAR MEETING OF THE CITY COUNCIL JUNE 18,2002 PAGE 11 OF 14 Vice Mayor Surra closed the discussion with no further comments and called for a motion. Councilmember Durbala MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE PROPOSED CITY -INITIATED REZONING:(1)TAKE ALL STEPS NECESSARY TO REZONE WEST APACHE TRAIL PROPERTIES IDENTIFIED IN STAFF'S MONDAY,JUNE 16,2002,PRESENTATION WITH APPROPRIATE COMMERCIAL ONLY USES INCLUDING BUT NOT LIMITED TO NOTICING ALL PROPERTY OWNERS PURSUANT TO LAW,PUBLISHING ALL REQUIRED NOTICES,SCHEDULING AND AGENDIZING ALL REQUIRED PUBLIC HEARINGS AND DRAFTING ALL NECESSARY LEGAL DOCUMENTS;(2) ALSO BRING BACK A DISCUSSION ITEM ON OTHER AREAS IN THE CITY FOR WHICH STAFF RECOMMENDS OTHER BLANKET CITY-INITITATED REZONINGS. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. There was general discussion on whether the reconsideration item could be reopened.Councilmember Eck requested that a letter be sent to the individual who had previously been selected to be on the board.The letter should explain what had happened and encourage them to stay active.There was consensus by the council to send the letter.Vice Mayor Surra also suggested calling the applicant. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES There was general discussion on the upcoming meetings. Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,JULY 1,2002,IN THE CITY COUNCIL CONFERENCE ROOM AND THE CITY COUNCIL CHAMBERS,RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,JULY 2,2002,IN THE CITY CONFERENCE ROOM. REGULAR MEETING OF THE CITY COUNCIL JUNE 18,2002 PAGE 12 OF 14 MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS None. ADJOURNMENT meeting at 7:54 p.m. Councilmember Durbala SECONDED THE )Vice Mayor Surra adjourned the Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of June 4,2002. 3.Recognition of Outstanding Service to the Community by City Employee Kathy Connelly. 4.Approval of request to use Arizona Department of Transportation (ADOT)bid for purchase of Sign Substrate Materials (Blanks and Sheets)from the vendors Vulcan Aluminum,Korman Signs,Inc.and Inteplast Group,Ltd.in an amount not to exceed $40,000. 5.Approval of request to use ADOT bid for purchase of traffic paint from the vendors Pervo,Ennis and TMT-Pathway in an amount not to exceed $48,000. 6.Approval of extension of Contract No.PW 2001-14 for fuel with Supreme Oil Company for Fiscal Year 2002-03,ending on June 30,2003 in an amount not to exceed $174,000. 7.Approval.of award of bid to East Valley Tribune for printing and related services for Citizen/Cityscape Community Magazine in FY 2002-2003 (not to exceed $30,000). REGULAR MEETING OF THE CITY COUNCIL JUNE 18,2002 PAGE 13 OF 14 8.Approval of Professional Services Agreement for recruitment of City Manager with Bennett Associates in an amount not to exceed $20.000 ACCEPTED THIS 2Nn DAY OF JULY 2002,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 2ND DAY OF JULY ATTEST: KATHLEEN CONNELLY City Clerk DOUGLAS WEMAN Mayor CITY COUNCIL MINUTES CERTIFICATION ,2002. I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 18th day of June,2002.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 21st day of June,2002. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 18,2002 PAGE 14 OF 14